By Greg Stohr

Feb. 19 (Bloomberg) -- The U.S. Supreme Court refused to revive a challenge to a Bush administration terrorist surveillance program, turning away an appeal by the American Civil Liberties Union and other opponents of the spying program.

The justices, making no comment, today left intact a federal appeals court's conclusion that the ACLU and its allies lacked the legal right to sue over the program because they couldn't show they suffered any harm.

The rejection is a victory for the Bush administration, insulating from legal attack a spying program that critics say violates speech and privacy rights. The ACLU and its allies also criticized President George W. Bush's assertion of broad presidential authority to eavesdrop on potential terrorists during wartime.

``This claim, which challenges the very foundations of our constitutional democracy, should not go unreviewed by the courts,'' the unsuccessful appeal argued. The ACLU was joined in its appeal by attorneys, journalists and scholars.

The Bush administration urged the Supreme Court to reject the appeal, saying those challenging the program ``cannot prove that they were surveilled.'' The Cincinnati-based 6th U.S. Circuit Court of Appeals threw out the suit in July on a 2-1 vote.

The high court action comes as the president and lawmakers spar over a possible extension of congressional authorization for Bush's surveillance efforts. The central sticking point has been legal immunity for telecommunications companies that cooperate with the government.

Sept. 11 Attacks

Bush began the spying program, originally known as the Terrorist Surveillance Program, shortly after the Sept. 11 attacks. Bush acknowledged the program's existence after a 2005 New York Times story, saying he had directed the National Security Agency to intercept communications into and out of the country involving people linked to al-Qaeda.

At the Supreme Court, the administration argued that the original Terrorist Surveillance Program no longer exists and has been superseded by spying conducted under different legal rules. In 2007 a secret court that supervises foreign intelligence surveillance authorized the government to collect communications believed to involve al-Qaeda members.

The Democratic-controlled Congress later enacted a law temporarily authorizing surveillance, requiring telecommunications companies to cooperate and shielding them from civil lawsuits for doing so. That measure expired Feb. 16, leaving a legal gap that the Bush administration says will jeopardize spying efforts.

Although the government can continue using existing wiretaps, cooperation from telecommunications companies is no longer assured. Expiration of congressional authorization also may complicate efforts to eavesdrop on new targets.

The case is American Civil Liberties Union v. National Security Agency, 07-468.

To contact the reporter on this story: Greg Stohr in Washington at gstohr@bloomberg.net .